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The National Council on Identity Policy Case Study: U.S. Coast Guard - One Victim's Criminal Complaint The National Council on Identity Policy (NCIDP) was born of the struggles of one tenacious survivor of domestic violence and stalking. The NCIDP continues her work with the help of many. Read more about the NCIDP... ~ UPDATE: In 2011, new U.S. law amending 46 U.S.C. § 12501 affected future vessel documentations, but had no effect on the criminal malfeasance described in the letter below and by the violent criminal infiltrators into the USCG it addresses. The new law authorizes the USCG to solicit the confidential Social Security Account Number (SSN) of a vessel owner documenting it with the USCG, but does nothing to deprive individuals of their "voluntary disclosure" rights – the right of privacy and to withhold access to that information from the USCG. This new law specifies that the "Secretary" shall maintain a record identifying a documented vessel and it's ownership, including the owner's confidential SSN IF the owner elects to make it available to the USCG. THE LAW IS CLEAR THAT THE USCG MAY NOT RECORD THE PRIVATE INDIVIDUAL'S SSN IF THE INDIVIDUAL DOESN'T MAKE IT AVAILABLE TO THE USCG. The new law IN NO WAY addresses private individuals and compels mandatory disclosure upon them, and it continues to be felony violations of 42 U.S.C. § 408, 18 U.S.C. § 1028A, 18 U.S.C. § § 241 & 242, et al., for any member of the USCG to attempt to compel such disclosure. It appears that prior to this NEW in 2011 law, the USCG was not even authorized to SOLICIT a confidential SSN from private individuals. Moreover, this new law in no way breached the seal of 42 U.S.C. § 405 applied to EVERY "Social Security related record", which encompasses any record related to ANY solicitation of a SSN, wand it continues to be felony violations of 26 U.S.C. § 7213, 18 U.S.C. § 1028A, 18 U.S.C. § § 241 & 242 for the USCG to disclose any part of any such "Social Security related record" to any party at any time, unless served with a warrant of the court. Had the new law attempted to do so, it would never be retroactively applicable, and established sealed records would remain so by law – a right, such as a right to privacy guaranteed by any law, can never be retroactively impaired or taken away from private individuals (in U.S. law, common law, or any free or democratic society). The utter failure of the USCG Commander to respond to the victim's letter below may indicate complicity in these felonies by that Commanding Officer. Aside from the potential death-penalty issues related to these perpetrations, that failure and the merest possibility of such complicity by someone of such high public trust as the USCG Commander may be the greatest tragedy of all in this story. Such action, or inaction, can only be reasonably construed as the Commander's personal condoning of, and participation with, such rape culture violence within the ranks, and is the grossest tragedy of misplaced and betrayed public trust. (Firewire News) - A victim of identity theft at the hands of a "renegade member" of the United States Coast Guard filed the following criminal complaint with the Commander of the U.S. Coast Guard. The victim reports that the USCG Commander has never made any reply or otherwise responded to inform the victim that the crime was being investigated and/or prosecuted. The NCIDP vigorously applauds the efforts of the victim to confront the violence perpetrated by the errant USCG member, and their review of this formal criminal complaint by that victim shows that it is largely sound and accurate, although citation of 18 U.S.C. § 241 appears to actually require involvement of more than one individual in the perpetrations and may have been mistakenly cited by the victim parenthetically in the fifth paragraph. However, the NCIDP is not as optimistic as the authoring victim, and doubts that this was an isolated incident from a solitary renegade who infiltrated the ranks. In the experience of the NCIDP, more often than not, the infiltrating willful perpetrators are usually higher up the tree, and the actual individuals executing the violent assaults like this are innocent dupes of the scheme in the same fashion as Cianci (U.S. v. Cianci (S Ct, 2004)). Letter reprinted with permission of the authoring victim.
IIULA status: The perpetrator(s) of this article is(are) known
by the NCIDP to have
contracted identity information pursuant to the standardized
Survivor's Identity
Information User License Agreement (IIULA)
prior to this incident. Every breach of law perpetrated,
as discussed here and noted in the IIULA,
was well known by
the perpetrator(s) to be such breach prior
to enactment, and the enactments
must be construed to have been committed with mens rea (knowing
intent to do violent crime). Commanding Officer: I ache that this letter is necessary. A tragedy has occurred within your ranks, and it is my sad civic and patriotic duty to bring it to your attention. Earlier this year I received a letter from a member of the Coast Guard's vessel documentation offices. This letter stated that disclosure of my private Social Security Number was specifically mandatory according to Federal statutes, and that if I didn't respond to that letter immediately and therein provide my private Social Security Number to that member, that my vessel registration application would be denied. Today I have located my documentation application form and thereon rediscovered the disclosure statement that, pursuant to Federal statutes, disclosure is voluntary and subject to the Privacy Act. Accordingly, my right to withhold, specifically, my private Social Security Number is guaranteed by Federal statutes (42 USC Sec 405; P.L. 97-579 Sec 7; 5 USC Sec 552a; 18 USC Sections 241, 242, 1028, 1341; et al.) and case law (Harman v. Forsenius, 380 U.S. 528, 542 (1965); United States v. Katz, 389 U.S. 347 (1967); Department of Justice v. Reporters Committee for Freedom of the Press, 109 S. Ct. 1468, 1476 (1989); et al.), which further prohibit that USCG member from any and all denials of services or benefits because of the exercise of that right. Our own President and Commander-In-Chief [G.W. Bush] has railed repeatedly against the 'enemies of freedom, liberty, and democracy'. He has, in fact, declared us to be at war with those forces. I am greatly disheartened to see one of these 'enemies of freedom, liberty and democracy' within the very ranks of our own military, operating so actively in the interests of those “enemies of freedom”. If I was in the same hurry to give up American freedoms and liberties as that member of the USCG is to destroy them, I would have moved to North Korea. That member's actions to advance the cause of those same enemies with whom we are declared to be at war sounds as much like treason as the numerous other Federal felonies that it clearly is (18 USC Sections 241, 242, 1028, 1028A, 1341; et al.). I am assuming that this is a single renegade member engaged in an isolated effort to destroy freedoms and liberties and the tenets of democracy in the interests of the sworn enemies of this nation. However, I ardently request that you thoroughly investigate this egregious betrayal of our nation's interests by this member. Should this prove to be a conspiracy and racketeering conspiracy involving more than this singular member, I firmly believe that the highest level of authority involved holds the highest level of responsibility – and that only the highest level commanding officer involved should face the firing squad for such a treasonous conspiracy. Still, of course, as Cianci learned the hard way, it remains racketeering conspiracy even if the majority of racketeers are ignorant dupes. I most assuredly am offended by the criminal perpetrations that your member has victimized me with. Just as with any other perp of violence, just like any rapist, that member clearly feels entitled to ignore the word, “No!”. Please see that this perp in your ranks, and any others likewise engaged or involved, are brought promptly to justice. Furthermore, please keep me informed as to the progress of your investigations. And, finally, please purge any and every trace of my illegally obtained private Social Security Number from every document, file and database. Thank you for respecting my rights and protecting survivors of violence everywhere, and the freedoms, liberties and rights of this nation, from just such perps as that renegade USCG member.
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